M.S. v. County of Lake et al

Filing 44

STIPULATION AND ORDER AS MODIFIED re 43 STIPULATION WITH PROPOSED ORDER TO CONTINUE SETTLEMENT CONFERENCE WITH MAGISTRATE JUDGE KANDIS A. WESTMORE filed by M.S. a minor by and through her guardian ad litem, and guardian, JEFFREY SMITH Settlement Conference set for 6/22/2016 11:00 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 5/10/16. (sisS, COURT STAFF) (Filed on 5/10/2016)

Case 1:14-cv-05170-NJV Document 43 Filed 05/05/16 Page 1 of 4

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MICHAEL D. GREEN, ESQ. SBN. 214142
[e-mail]
MATTHEW R. LILLIGREN, ESQ. SBN. 246991
[e-mail]
SCOTT R. MONTGOMERY, ESQ. SBN. 278060
[e-mail]
ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200
P.O. Box 1566
Santa Rosa, CA 95402-1566
[phone]
[phone] Fax

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Attorneys for Plaintiffs

ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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M.S., a minor by and through her guardian
ad litem, JEFFERY SMITH, both
individually and in her capacity as
successor-in-interest to JAMES SMITH,
deceased; JEFFERY SMITH; and
ELIZABETH SMITH,

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Plaintiffs,
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v.
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COUNTY OF LAKE; COUNTY OF LAKE )
SHERIFF FRANCISCO RIVERO;
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COUNTY OF LAKE DEPUTY SHERIFF
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WEAVER; COUNTY OF LAKE DEPUTY )
SHERIFF RODELLO; COUNTY OF
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LAKE DEPUTY SHERIFF VANOVEN;
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CALIFORNIA FORENSIC MEDICAL
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GROUP; TAYLOR FITHIAN, M.D.;
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STANCIL JOHNSON, M.D.; ALISHA
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STOTTSBERRY; KC GRIGSBY;
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MANDY ROBBINS; LEILA LAMUN; and )
DOES 1-50;
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Defendants.
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Case No.: 1:14-cv-05170-NJV
JOINT STIPULATION TO CONTINUE
SETTLEMENT CONFERENCE WITH
MAGISTRATE JUDGE KANDIS A.
WESTMORE; [PROPOSED] ORDER

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-1JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER
C 14-05170 NJV

Case 1:14-cv-05170-NJV Document 43 Filed 05/05/16 Page 2 of 4

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WHEREAS, the Case Management Conference Order entered on June 30, 2015 requires

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the parties to engage in a Settlement Conference in this matter between the close of fact discovery

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and filing of dispositive motions;

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WHEREAS, this matter was referred to Magistrate Judge Kandis A. Westmore for
settlement purposes, and a Settlement Conference was scheduled for May 20, 2016;

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WHEREAS, the parties recently stipulated to continue the pretrial deadlines in this matter

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by 15 to 45 days in order to allow the parties to complete remaining discovery, and the stipulation

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was approved by Order of the Court on April 15, 2016;

ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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WHEREAS, pursuant to the stipulation and order, the deadline for completing fact
discovery was continued to June 17, 2016;
WHEREAS, the parties are still engaged in ongoing discovery and respectfully request

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that the current Settlement Conference date of May 20, 2016 be continued until after the close of

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fact discovery; and

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WHEREAS, the parties have contacted Judge Westmore’s Courtroom Deputy and verified
that Judge Westmore is currently available June 22, 2016 for a continued Settlement Conference.

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STIPULATION
NOW THEREFORE, it is agreed and stipulated by and between the parties, through their

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respective counsel of record, that the Settlement Conference with Judge Westmore currently

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scheduled for May 20, 2016 shall be continued to June 22, 2016 at 10:00 a.m.

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IT IS SO STIPULATED.

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DATED: May 5, 2016.

ABBEY, WEITZENBERG, WARREN & EMERY, P.C.

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By:

/s/
Matthew R. Lilligren
Attorneys for Plaintiffs M.S., a minor by and through her
guardian ad litem, JEFFERY SMITH, both individually and
in her capacity as successor-in-interest to JAMES SMITH,
deceased; JEFFERY SMITH; and ELIZABETH SMITH

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-2JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER
C 14-05170 NJV

Case 1:14-cv-05170-NJV Document 43 Filed 05/05/16 Page 3 of 4

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DATED: May 5, 2016.

LAW OFFICE OF JEROME M. VARANINI

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By:

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/s/
Jerome M. Varanini
Attorneys for Defendants CALIFORNIA FORENSIC
MEDICAL GROUP; TAYLOR FITHIAN, M.D.;
STANCIL JOHNSON, M.D.; ALISHA STOTTSBERRY;
KC GRIGSBY; MANDY ROBBINS; and LEILA LAMUN

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DATED: May 5, 2016.

PORTER SCOTT

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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By:

/s/
John R. Whitefleet
Ryan P. O’Connor
Attorneys for Defendants COUNTY OF LAKE; COUNTY
OF LAKE SHERIFF FRANCISCO RIVERO; COUNTY
OF LAKE DEPUTY SHERIFF WEAVER; COUNTY OF
LAKE DEPUTY SHERIFF RODELLO; and COUNTY
OF LAKE DEPUTY SHERIFF VANOVEN

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Filer’s Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, Matthew R.
Lilligren hereby attests that concurrence in the filing of this document has been obtained by the
parties listed above.

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-3JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER
C 14-05170 NJV

Case 1:14-cv-05170-NJV Document 43 Filed 05/05/16 Page 4 of 4

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May ____, 2016

________________________________________________
HONORABLE KANDIS A. WESTMORE
United States Magistrate Judge

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ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Road, Suite 200, P.O. Box 1566, Santa Rosa, CA 95402-1566
Telephone: [phone] Facsimile [phone]

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-4JOINT STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER
C 14-05170 NJV